Flashcards in Statutes Deck (18):
Title VII of the Civil Rights Act of 1964 covers which groups?
Race, Color, Religion, Sex, and National Origin.
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What actions does Title VII prohibit employers from doing on the basis of Race, Color, Religion, Sex, and National Origin?
Fail or refuse to hire
Limit, segregate, or classify employees in a way that deprive the protected class.
What are the 5 protected classes under Title VII?
Which 3 groups are exempt from Title VII?
Religious corps, assocs, ed inst., or society (with respect to religion of employees performing work of the corp., assoc., ed inst., society)
Private Membership Clubs
The ADEA protects what class of people?
Those who are 40 years of age or older.
Who are the three typical defendants in an ADEA case?
Employers (20 or more)
Who are the three typical defendants in a Title VII case?
Employers (15 or more)
What is the difference in the required number of employees under Title VII and ADEA?
15 for Title VII
20 for ADEA
Who is exempt from the ADEA? Why?
States. They retain their 11th Amendment Immunity from suit.
The ADA covers who . . . (general term)?
In addition to prohibiting general discrimination against qualified individuals, what does the ADA require of employers?
Make reasonable accommodation to the known physical or mental limitations
When is the employer NOT required to make a reasonable accommodation under the ADA?
If the employer can demonstrate that the accommodation would cause undue hardship.
What are the 3 ways to fall within a protected class under the ADA?
Actual physical disability
Record of an impairment
Regarded as having a physical or mental impairment
Disability is defined as . . . (3) under the ADA.
Mental or physical impairment
That substantially limits
A major life activity.
Qualified individuals under the ADA are defined as . . . (3)
Individual with a disability
Who with or without a reasonable accommodation
Can perform the essential functions of the jon
If, with or without an accommodation, a disable individual CANNOT perform the essential functions of the job, can he qualify for protection under the ADA?
Who is subject to the ADA?